U.S. Department of Justice

United States AttorneySouthern District of California

San Diego Man Indicted for Use of a Weapon of Mass Destruction

United States Attorney Laura E. Duffy announced that a federal grand jury sitting in San Diego today handed up an eight-count indictment charging Donny Love, Sr., with the use of a weapon of mass destruction and other charges, arising from the bombing of the Edward J. Schwartz Federal Courthouse in San Diego on May 4, 2008.

According to the indictment handed up today, Donny Love, Sr., is the person who instructed Carlock and Sanders to purchase explosive powder and to steal bomb-making materials. The indictment alleges that Love and others constructed pipe bombs at Love’s residence in Menifee, California, and that Love instructed and caused other persons to test pipe bombs by exploding and attempting to explode the devices. The indictment alleges that, on the night of the courthouse bombing, Carlock and Robinson drove from Love’s residence to San Diego with a backpack containing three pipe bombs and that Carlock then detonated the bombs at the front doors of the federal courthouse.

Three defendants — Rachelle Lynette Carlock, Ella Louise Sanders, and Eric Reginald Robinson — have each previously pled guilty in federal court in San Diego for their participation in the bombing plot (Criminal Case No. 08-CR-1895-MMM). Robinson and Sanders pled guilty in 2008 to one count of possession and use of a destructive device to commit a crime of violence, to wit: conspiracy to use a weapon of mass destruction, in violation of Title 18, United States Code, Section 924(c). In September 2009, Carlock pled guilty to the same charge.

Love is currently in state custody and it is anticipated that he will be transferred to federal custody in the coming weeks, so that he can appear before the Honorable M. Margaret McKeown for arraignment on the indictment.

Criminal Case Number:

10cr2418MMM

Defendant

Donny Love, Sr., Age: 43, San Diego, California

Summary of Charges

Count 1

Title 18, United States Code, Section 2332a - Conspiracy to Use a Weapon of Mass Destruction;Maximum penalty: Life in prison

Count 2

Title 18, United States Code, Section 2332a - Use of a Weapon of Mass Destruction;Maximum penalty: Life in prison

Count 3

Title 18, United States Code, Section 371 - Conspiracy to Maliciously Damage Buildings, to PossessFirearms, and to Make Firearms; Maximum penalty: 5 years in prison

Count 4

Title 18, United States Code, Section 844(f)(1) - Malicious Damage to Buildings and Real Property by Means of an Explosive;Maximum penalty: Not less than 5 years, and not more than 20 years, in prison

Count 5

Title 18, United States Code, Section 924(c) - Possession of a Destructive Device in Relation to a Crime of Violence;Maximum penalties: Not less than 30 years in prison

Counts 6-7

Title 18, United States Code, Section 844(h)(1) - Use of Explosive to Commit a Felony;Maximum penalty: Not less than 10 years in prison

Count 8

Title 26, United States Code, Sections 5841, 5861(d), and 5871 - Possession of Unregistered Firearm;Maximum penalty: 10 years in prison

Participating Agencies

Federal Bureau of Investigation

Bureau of Alcohol, Tobacco, Firearms and Explosives

Joint Terrorism Task Force

An indictment itself is not evidence that the defendant committed the crimes charged. The defendant is presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.

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Bureau of Alcohol, Tobacco, Firearms and Explosives United States Department of Justice